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PZC Packet 111412
Staff Report — Master Sign Program AVON November 14, 2012 Planning & Zoning Commission Meeting Report date November 9, 2012 Project type Master Sign Program — Mixed -Use Building Legal description Lot 72, Block 2, Benchmark at Beaver Creek Subdivision Zoning Shopping Center (SC) Address 110 E. Beaver Creek Blvd Prepared By Jared Barnes, Planner I Summary of Requests The Applicant, Monte Park, representing the Buck Creek Plaza Condominium Association (the Owner), has submitted a Master Sign Program (MSP) application for the existing multi -tenant Commercial Building at 110 Beaver Creek Blvd, also described as Lot 72, Block 2 of the Benchmark at Beaver Creek Subdivision ("the Property"). The proposed MSP (Exhibit B) sets forth parameters for six (6) building mounted tenant sign locations, lighting specifications, framing system specifications, and tenant panel specifications. Property Description The Property is located to the northeast of the Beaver Creek Blvd and Beaver Creek Place intersection. A mixed-use building was constructed on the Property in 1980 with commercial retail in the basement and main level, commercial office on the second story, and residential uses on the second and third stories. A vicinity map is attached (Exhibit A). Planning Analysis The Property never established a MSP, but used the sign code for all previously approved signage. As outlined in §15.28.080(16), sign programs are encouraged for all projects, and are required as a part of the design review process for all proposed projects. The Applicant is proposing to establish a MSP for the Buck Creek Plaza building. Location and Type The proposed MSP (Exhibit B) sets forth standards for types of signage as well as locations of signage. The MSP requires that all signs be building mounted, utilizing a framing system which allows for tenant panels to be affixed to the frame. The illustrations attached to Exhibit B, show the framing system and their respective locations on the existing building. The proposed MSP limits the signage to four (4) west facing frames and two (2) south facing frames. The MSP also assigns one (1) west facing frame and one (1) south facing frame to the first floor tenant, while the remaining four (4) frames will be assigned to second story tenants on a "first-come, first -serve" basis. Size The size of each framing panels is three feet (3') by ten feet (10'). The proposed MSP requires that the tenant panels have a minimum of a three inch (3") boarder around the circumference of the tenant panels. This further restricts the allowed tenant panel signage to two and one-half feet (25) by eight feet (8') or twenty (20) square feet. The MSP does allow for "broken borders" for first floor tenant signage only. "Broken Borders" allow the Tenant Panel to exceed the maximum area for no more than twenty percent (20%) of the length of the panel and no more than two inches (2") beyond the framing system for a total enlargement of five inches (5"). As proposed, the second November 14, 2012 PZC Meeting — Lot 72, Block 2, BMBC Buck Creek Plaza MSP 11 story tenant panels are not allowed to utilize the "broken borders" and must have their tenant panels comply with the maximum size indicated above. The Sign Code (§15.28.080(2),AMC) limits a property's allowable signage to one (1) square foot of signage for the first thirty-two (32) lineal feet of building front and one-third (1/3) square feet of signage for any additional lineal feet of building front thereafter. §15.28.080, AMC, further allows PZC to increase the maximum signage area if approved by a MSP. The Property contains two - hundred and thirty-two (232) lineal feet of building front along Beaver Creek Blvd and Beaver Creek Place when measured at the second story. Since the property contains parking underneath the building footprint at the ground level, Staff is utilizing the perceived building front which is the second story footprint for the purposes of calculating maximum sign area. This equates to a maximum sign area of ninety-eight and two-thirds (98.66) square feet of signage. The total area of the six (6) proposed signs is one -hundred and twenty (120) square feet, but does not include the additional sign area allowance for "broken borders". Staff supports the requested increase of one - hundred and twenty-one percent (121 %) in allowable sign area due to the number of tenants, and building orientation which features two building "fronts'. General Requirements The Applicant has proposed the inclusion of a General Requirements section. This section sets forth parameters for approval from the landlord/owner and the Town of Avon, installation and maintenance, amendments to the program, temporary signage and window signage. This section resembles general requirement for many other MSPs throughout the Town of Avon. This section does contain a unique requirement for the Buck Creek Plaza. Second story tenants are limited to multi -panel signage only, unless the second story tenant has 1,500 square feet of space at which time the second story tenant may consume an entire sign frame with a single tenant sign. Window Signs The proposed MSP includes allowance for window signage and mirrors the Town of Avon's window sign requirements. The proposed MSP limits window signage to 25% of a contiguous window bank. Design Details The MSP provides compatible signage through the use of sign illumination, framing systems, and tenant panel sizes. The MSP does allow for flexibility with regard to sign content, graphics, materials and colors, with the exception of florescent colors which are prohibited. As stated earlier, all tenant panels are capped at a maximum of two and one-half feet (2.5') by eight feet (8') for single tenant signs with the exception of the "broken border" clause for the first floor tenants. In addition, all tenant panels are required to be affixed to sign frames that are mounted to the building. Sign Illumination The MSP provides specifications for specific sign illumination as is seen in the attached images. The PZC discussed sign illumination at their previous meeting and had concerns regarding the number of light fixtures required and the mounting of those fixtures to ensure minimal light pollution. The Applicant has revised this section to require two (2) fixtures for each sign frame if lighting is opted for, but doesn't require the illumination for every sign frame. Light fixture cut sheets were provided, and the Applicant has indicated that the light fixture will have an eighteen inch (18") arm that will be mounted to the building. November 14, 2012 PZC Meeting — Lot 72, Block 2, BMBC Buck Creek Plaza MSP 11 Review Criteria $15.28.070, Design Review Criteria. The Planning and Zoning Commission shall consider the following items in reviewing proposed designs: (1) The suitability of the improvement, including materials with which the sign is to be constructed and the site upon which it is to be located; (2) The nature of adjacent and neighboring improvements; (3) The quality of the materials to be utilized in any proposed improvement; (4) The visual impact of any proposed improvement, as viewed from any adjacent or neighboring property; (5) The objective that no improvement will be so similar or dissimilar to other signs in the vicinity that values, monetary or aesthetic, will be impaired; (6) Whether the type, height, size and/or quantity of signs generally complies with the sign code, and are appropriate for the project; (7) Whether the sign is primarily oriented to vehicular or pedestrian traffic, and whether the sign is appropriate for the determined orientation. Staff Recommendation Staff recommends that the "Master Sign Program" application for the Buck Creek Plaza, Lot 72, Block 1, Benchmark at Beaver Creek Subdivision, be approved as submitted. Exhibits A: Vicinity Map B: Proposed Master Sign Program November 14, 2012 PZC Meeting — Lot 72, Block 2, BMBC Buck Creek Plaza MSP 11 k� 1 ,:t k y� Q. r- °_. J' f A: — Residential Streets N�0 r. lns imo..naparcca er ina mm�vwk �a�mm�u,i rrno.�n�+.m� uwMlm — ® Property Boundaries^ raura[�Mnm dll ��.enl&n9tl MOln Lrc.Yad UI CmunucN I:�r.9bpi..rl0ipuurrtr�l Graphics lac Buck Creek Plaza Master Sign Program GENERAL REQUIREMENTS: In the following sign program reference to owner or tenant are to be considered one in the same. 1. Approval Process/Permits: All signage shall be in accordance with Buck Creek Plaza Building sign program. All owners/tenants must submit drawings and specifications for proposed signage and must be pre -approved by Building Association prior to submittal to the Town of Avon for approval and permitting. All building signage shall be approved and permitted by Town of Avon prior to installation. Incurred costs for submitted art work and permit fee shall be at owners/tenant's expense. 2. Requirements & Options: Tenants are not required to, but have "first- come, first -serve" option to apply with building manager for designated tenant space allocated on the Building. Tenants must have minimum of 1,500 sq ft (or be part of a 1,500 sq ft office) of space to be eligible for an individual exterior sign, but all tenants are allowed exterior signage on a multi -tenant panel. Tenant signage must represent Buck Creek Plaza business only. 3. Installation: All installation expenses are to be the responsibility of the tenant. A licensed electrician is required for any lighting installation. All workmanship and specifications will comply with Buck Creek Plaza sign program and all applicable government regulations. 4. Maintenance: Tenant Signs are to be kept well-maintained and to building standard. Lighting must be kept in good repair. Physical condition of tenant signs should be maintained, no missing letters or characters, paint kept fresh and not faded, etc. Landlord holds rights to require tenant improvement or repair to any sign that falls below building standard. Any repair requirements will be presented in written form to tenant by the Building manager/Condominium Association. Failure to meet maintenance needs required by written notification with -in 60 days constitutes a violation of a tenant's association agreement and will constitute the removal of the sign by the tenant. 5. Temporary Signs: New Tenants may place a temporary sign in allocated sign location while permanent sign is under construction per Town of Avon's side code. Temporary signs for sales, special events, etc. must be approved by Building Manager prior to posting and be in compliance with Avon Town Code. 6. Window Graphics: Window graphics should be of professional quality utilizing vinyl or digital mediums only. Window Graphics must be approved by Building Manager and be in compliance with Avon Town Code, allowing for no more than 25% of a contiguous window bank to be covered in signage. No Pagel of 3 • & Graphics uc Buck Creek Plaza Master Sign Program interior signs notices, posters, etc. are allowed in common areas with -out Building manager approval. TENANT SIGN DESCRIPTIONS: 1. Tenant Sign Locations: Exterior Tenant signs shall be designated as Primary first floor tenants and Secondary second floor tenants. Tenants will be allocated designated sign spaces by the building association and will be located as shown in attachment. Exterior sign locations are limited to four (4) West facing locations and two (2) South facing locations. (See sign location exhibit attached) a. First floor tenants will have two (2) fixed designated placement positions: one (1) on the West side of the building and one (1) on South side of building. b. Second floor tenants will have four (4) fixed designated placement positions: three (3) on the West side of the building and one (1) on the South side of the building. 2. Design Criteria: Tenant signs shall consist of a framing panel consistently sized for all tenant signs, with Tenant Panels attached to the framing panel. a. Framing panels will all have same painted color, shape and border trim. A minimum of a 3" border around the circumference of the tenant panel area showing the framing panel is required for all exterior signage. b. West facing tenant panels will be added to the framing panel containing business name, logo(s), etc. The design of the tenant panel will be determined by tenants and are encouraged to use individual designs, materials, colors, use of logo, etc., but fluorescent colors are prohibited.—Broken borders are allowed within a smaller portion of allocated sign area to give unique shape options to tenant signs. Broken borders shall not exceed 2" beyond the framing system and should not exceed 20% of the entire length of the panel itself. Broken borders may include letters, logo's, basic sign shape with elements that break outside rectangular shape of sign frame. Building association has right to revoke any request for broken border signs as is deemed overbearing or not in design guidelines intended by sign program. c. South facing tenant panels for first floor primary tenant shall follow west facing design criteria. Design criteria for multi -tenant sign will allow up to a maximum of four (4) individual tenant panels within the allocated sign area. All tenant panels shall be alike in panel shape. Designation of the tenant spaces on the multi -tenant sign will be based on a "first-come, first - Page 2 of 3 • & Graphics uc Buck Creek Plaza Master Sign Program serve" basis and allocation will be approved by building association and tenants sharing costs of sign. 3. Sign Lighting: Sign Lighting may be opted for at the tenant's discretion. If sign lighting is opted for, it shall conform to the standard designated lighting fixture (See lighting exhibit) and exactly two (2) exterior light fixtures per framing panel are required. 4. Tenant Panel Removal: Tenant signs shall be the responsibility of and at the expense of the tenant. Base substrates and lighting components for tenant signs become fixed building assets and may not be removed once installed. The Landlord reserves the right to withhold the expense of removing any tenant signage from deposits held of tenant space or lien the tenant for all costs incurred in said removal. Any damage to the stucco or building exterior pertaining to sign installation or removal is at the expense of owner/tenant of sign application. EXTERIOR SIGN SQUARE FOOT ALLOCATION SUMMARY: West side signage: 4 locations @ 2.5'x 8'- 20 sq ft x 4 = 80 sq ft South side signage: 2 locations @ 2.5'x8'- 20 sq ft x 2 = 40 sq ft Total Tenant signage= 120 sq ft Total building frontage (measured at 2nd story): W. Beaver Creek Blvd — 150' Beaver Creek Place — 82' Page 3 of 3 aA MASTER LIGHT FIXTURE l l l l 10' Al ICK fRFFK PI did Hl1d moo © - SIGN LOCATION EXHIBIT WEST U 080 aluminum sign base plate painted Metallic MAP Dk Bronze BUCK CREEK PL HOA onre: =4112 ARl Kev LESLIE 90.95 5 FlX 11101945 x6I0I ooFerffiv: Single Tenant Panel Exhibit /Copy Only 30" x 96" removable tenant panel 26"h V logo rider mounted with stand-offs Full digital' print logo '.. y6.. 10, , 'Standard .080 Aluminum Base Plate Metallic MAP Dk Bronze '3M Imitation Gold Vinyl Border & Flueur = PMS 7510C Tenant Panel Exhibit /Broken Border Logo / Grape Accent 30" 3' Sign Program Standard Florescent South Facing Multi Tenant Panel Exhibit Light Fixture with Sample Tenants ' 4'' 3' 14" x 48" removable tenant panels _...... IU Sign Program Standard Florescent Multi Tenant Panel Exhibit tight Fixture with Sample ShapedTenants - .4 4 - 30" x 30" removable tenant panels CLIENT. BUCK CREEK PLAZA HOA DATE 8/24/12 &Cra0l949.m ThIe FAX, (990)9a9-4699 1 ocnarthanrvnan BUCK CREEK PLAZA LIGHTING CUT SHEET 2 PER TENANT PANEL Extruded Aluminum 47- r �� earn FFL-54T5HO 0 SPECIFICATIONS CONSTRUCTION: Extruded aluminum floodlight with 2 heavy duty cast aluminum adjustable swivels. Stamped aluminum Hood Extension available (add -HE to part number) LENS: High impact clear acrylic REFLECTOR: Highly polished specular aluminum BALLAST: 120v type 1 outdoor high frequency electronic Multi Voltage 120v/230v/240v/277v available, add -MV to catalog number LAMP SUPPLIED: FFL-24: 24 watt T5HO tube, 3000K FFL-39: 39 watt T5HO tube, 3000K FFL-54: 54 watt T5HO tube, 3000K LAMP OPTIONS: 3500K, 4100K SOCKET: G5 2 -pin WIRING: Standard 120 volt Black, White and Ground MOUNTING: None supplied. See Mounting Accessories below for options FINISH: Black Texture polyester powder coat. Optional finishes available NOTE: 2 lamp models available. Consult factory for details ORDERING INFORMATION FA -06-24 24" long, 1/4" Mini Hex Cell Louver for FFL-24 CATALOG NO. DESCRIPTION LAMP SHIP WEIGHT FFL-24-T5HO30K-BLT Aluminum TSHO Floodlight 24w,T5HO 3000K 4.0 lbs. FFL-24-T5H035K-BLT Aluminum T5HO Floodlight 24w,T5HO3500K 4.0 bs. FFL-24451-1041K-BLT Aluminum T5HO Floodlight 24w,T5HO4100K 4.0 lbs. FFL-39-T5H030K-BLT Aluminum TSHO Floodlight 39w,T5HO3000K 8.0 lbs. FFL-39-T5HO35K-BLT Aluminum T5HO Floodlight 39w,T5HO3500K 8.0 lbs. FFL-39-T5HO41K-BLT Aluminum T5HO Floodlight 39w,T5HO4100K 8.0 lbs. FFL-54-T5HO30K-BLT Aluminum TSHO Floodlight 54w,T5HO 3000K 13.0 lbs. FFL-54-T5H035K-BLT Aluminum TSHO Floodlight 54w,T5HO3500K 13.0 lbs. FFL-54-T5HO41K-BLT Aluminum T5HO Floodlight 54w,T5H04100K 13.0 lbs. 23" 8931 mm 4.5" 584mm„`Imm 4.5” 114mm y i60mm� El 11 3.5" 11"on center 89mm 279mm J��rFFL-24-T5110 mounted on FA -26 -BLT FFL-39-T5 H O mounted on FA -26 -BLT FFL-54-T5 H O mounted on FA -26 -BLT 3' 4.5" 34.5" 89mm 876mm _ ~ 114-M 4.5"1 114mm 1 160mmyl El 3.5" 18.5" on center 89mm 470mm 39w T5HO 24wT5HO 46.5" 89 mm 4.5" 1181 mmy 14mm n n as" f 6.3 114mm16 160mm 3.5" 22.5" on center 89mm Y 61 572mm 54w T5HO BEAM/GLARE CONTROL ACCESSORIES FA -06-24 24" long, 1/4" Mini Hex Cell Louver for FFL-24 FA -06-35 35" long, 1 /4" Mini Hex Cell Louver for FFL-39 FA -06-47 47" long, 1/4" Mini Hex Cell Louver for FFL-54 FA -69-24 Aluminum Hood Extension for FFL-24 FA -69-39 Aluminum Hood Extension for FFL-39 FA -69-54 Aluminum Hood Extension for FFL-54 -HE Add to catalog number for factory installed Hood Extension '�:... IP44 C E C�`/ e )IS JOB INFORMATION Type: Date: Job Name: Cat. No.: Lamp(s): Specifier: Contractor: Notes: FOCUS INDUSTRIES INC. 25301 COMMERCENTRE DRIVE LAKE FOREST, CA 92630 www.focusindustries.com sales@focusindustries.com (949) 830-1350 • FAX (949) 830-3390 -BLT I -ATV I -BRT I -CAM I -WTX I -HTX I -RST I -WIR I -WBR I -STU I -RBV I -CPR I -TRC -BAR/CART-BAV/CAVI -BAT LIGHT DISTRIBUTIONS AND PHOTOMETRICS foot-candles foot-candles foot-candles Feet 11 ,,.1 Meters Feet 11-1 Meters Feet 11-1 Meters 25 8 8 8 727.0 20 7 2.0 7 2.0 6 6 6 5 .5 5 .s 5 .5 4 4 9 3 210(2260) .0 3 .0 3 .0 2668(7190) 5 2 2 368 0.5 5 1 1 gial1 0 VIII■ 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 Feet 0 1 2 3 4 5 6 7 8 9 10 11 12 13 Feet 0 1 2 3 4 5 6 7 8 9 t0 Il 12 13 Feet 0 0.5 1.0 15 2.0 25 20 3.0 Meters 0 0.5 1.0 15 21 2.5 2.0 3.0 Meters 0 0.5 1.0 15 2.0 2.5 2.0 3.0 Meter, FFL-24T5HO Half Spread Pnotometrlcs FFL-24T5HO Half spread Pnotometdcs FFL-24T5HO Half Spread Photometrics foot-candles foot-candles footcandles Fee c (lux) Meters Feet (lux) Meters Feet (lux) Meters 12 12 12 3.5 3.5 3.5 11 it 11 10 30 10 30 10 3.0 9 9 21 21 9 8 6 8 7 2.0 7 20 7 2.0 6 6 6 5 5 5 5 .s 4 9 4 0 0 0 3 3 3 .11 2 0 2 0 5 2 .5 1 ., .1 .1IF .. 1 0 1 2 3 4 5 6 7 8 9 10 11 12 13 Feet 0 1 2 3 4 5 6 7 8 9 10 11 12 13 Feet 0 1 2 3 4 5 6 7 8 9 10 11 12 13 Feet 0 0.5 1.0 I.5 2.0 2.5 2.0 3.0 Meten 0 0.5 1.0 15 20 2.5 2.0 3.0 Meter, 0 0.5 1.0 15 2.0 2.5 2.0 3.0 Meters FFL-39T5 HO Half spread Photometrlc5 FFL-39T5HO Half spread Pnotomettr s FFL-39T5HO Half Spread Pnotometrlcs foot<andles foot-candles foot-candles Feet (lux) Meters Feet (lMeters ux) Feet (lux) Meters 12 12 12 3.5 .5 3.5 11 11 11 10 61.0 ID t0 3,0 10 .0 984.0 9 9 8 8 3 .5 8 3 7 .0 7 0 7 0 6 6 6 5 5 5 4 Boo 4 4 o a o 3 3 3 2 Os 2 0.5 2 Os 1 1 1 Height offi.-from fl..r: I ft. 11C)5m.) - Height offi-e from fl,,r:2 ft. (610m,) Height ffi,t,r, from flo,,:3 ft. (914mm) 0 0 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 Feet 0 1 2 3 4 5 6 7 8 9 10 11 12 13 Feet 0 1 2 3 4 5 6 7 8 9 10 11 12 13 Feet 0 05 10 15 20 2.5 2.0 3.0 Meters 0 O5 10 15 2.0 15 2.0 3.0 Meters 0 0.5 1.0 15 2.0 2.5 2.0 3.0 Meters FFL-54T5110 Halfspre.cll`h ometrlc, FFL-54T5HO Half SpteadPotome kfi FFL-54T5HO HalfSpreadPnotometrlc, -BLT I -ATV I -BRT I -CAM I -WTX I -HTX I -RST I -WIR I -WBR I -STU I -RBV I -CPR I -TRC I -BAR/CAR I -BAV/CAV I -BAT MOUNTING ACCESSORIES 3.5"3" 4.75" es",m 1.125" 76mm Iz1mm SM75' 26" 660mm O p,g^ -f- oOp o0 5831 mm 23mm } ® Ou8m 5^�-0 20" FA-22-CST/-BRS FA-22/-BRS FA-24/8RS FA44LG-CST/-BRS 16" 13" 406mm 508mm 26" 660mm 20" 508mm FA-24-I.G-SPUN./-BRS 10^ 330mm 254mm 3" 76mm 3" 76mm 3" 6mm 2.65" 2.615" a 67mm ��� 1.4.. 67 m ��� 1.4.. I O 0 36mm } O 36mm FA -30 FA -31 FA -32 FA -33 FA -34 -BRS=Brass Models (Arrow:couplers) C/FA-25/-26/BRS FA -24 -MID -CST/ -ORS FA-24-MD-CST-11'C/-BR5 STEM EXTENSIONS C/FA-26-GFIC/BRS C/FA-39/BRS LIGHT DISTRIBUTIONS AND PHOTOMETRICS foot-candles foot-candles foot-candles Feet 11 ,,.1 Meters Feet 11-1 Meters Feet 11-1 Meters 25 8 8 8 727.0 20 7 2.0 7 2.0 6 6 6 5 .5 5 .s 5 .5 4 4 9 3 210(2260) .0 3 .0 3 .0 2668(7190) 5 2 2 368 0.5 5 1 1 gial1 0 VIII■ 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 Feet 0 1 2 3 4 5 6 7 8 9 10 11 12 13 Feet 0 1 2 3 4 5 6 7 8 9 t0 Il 12 13 Feet 0 0.5 1.0 15 2.0 25 20 3.0 Meters 0 0.5 1.0 15 21 2.5 2.0 3.0 Meters 0 0.5 1.0 15 2.0 2.5 2.0 3.0 Meter, FFL-24T5HO Half Spread Pnotometrlcs FFL-24T5HO Half spread Pnotometdcs FFL-24T5HO Half Spread Photometrics foot-candles foot-candles footcandles Fee c (lux) Meters Feet (lux) Meters Feet (lux) Meters 12 12 12 3.5 3.5 3.5 11 it 11 10 30 10 30 10 3.0 9 9 21 21 9 8 6 8 7 2.0 7 20 7 2.0 6 6 6 5 5 5 5 .s 4 9 4 0 0 0 3 3 3 .11 2 0 2 0 5 2 .5 1 ., .1 .1IF .. 1 0 1 2 3 4 5 6 7 8 9 10 11 12 13 Feet 0 1 2 3 4 5 6 7 8 9 10 11 12 13 Feet 0 1 2 3 4 5 6 7 8 9 10 11 12 13 Feet 0 0.5 1.0 I.5 2.0 2.5 2.0 3.0 Meten 0 0.5 1.0 15 20 2.5 2.0 3.0 Meter, 0 0.5 1.0 15 2.0 2.5 2.0 3.0 Meters FFL-39T5 HO Half spread Photometrlc5 FFL-39T5HO Half spread Pnotomettr s FFL-39T5HO Half Spread Pnotometrlcs foot<andles foot-candles foot-candles Feet (lux) Meters Feet (lMeters ux) Feet (lux) Meters 12 12 12 3.5 .5 3.5 11 11 11 10 61.0 ID t0 3,0 10 .0 984.0 9 9 8 8 3 .5 8 3 7 .0 7 0 7 0 6 6 6 5 5 5 4 Boo 4 4 o a o 3 3 3 2 Os 2 0.5 2 Os 1 1 1 Height offi.-from fl..r: I ft. 11C)5m.) - Height offi-e from fl,,r:2 ft. (610m,) Height ffi,t,r, from flo,,:3 ft. (914mm) 0 0 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 Feet 0 1 2 3 4 5 6 7 8 9 10 11 12 13 Feet 0 1 2 3 4 5 6 7 8 9 10 11 12 13 Feet 0 05 10 15 20 2.5 2.0 3.0 Meters 0 O5 10 15 2.0 15 2.0 3.0 Meters 0 0.5 1.0 15 2.0 2.5 2.0 3.0 Meters FFL-54T5110 Halfspre.cll`h ometrlc, FFL-54T5HO Half SpteadPotome kfi FFL-54T5HO HalfSpreadPnotometrlc, -BLT I -ATV I -BRT I -CAM I -WTX I -HTX I -RST I -WIR I -WBR I -STU I -RBV I -CPR I -TRC I -BAR/CAR I -BAV/CAV I -BAT HEART of the VALLEY I Memorandum TO: Planning and Zoning Commission FROM: Matt Pielsticker, AICP, Planner II DATE: November 9, 2012 RE: Wyndam Avon Lot 61 Summary At your November 14, 2012 meeting, the Lot 61 development team for "Wyndam Avon Lot 61" will be giving an introductory presentation for their development plan ("the Application"). The Application consists of three (3) separate application types: Rezoning, Major Development Plan, and Alternative Equivalent Compliance ("AEC") related to design and use elements of the project. The purpose of the meeting on November 14, 2012, is to give the Planning and Zoning Commission ("PZC") a general overview of the Application and also provide the opportunity to ask questions. A public hearing will follow this review. Background July 17, 2012 The PZC held a work session regarding a potential timeshare development on Lot 61 to gain feedback. At that work session, Dominic Mauriello of Mauriello Planning Group, representing the owners, introduced the design and development team for the project. Overall, there was a warm response to the design concept and direction the project was headed. September 24, 2012 The Application was submitted to Staff and consisted of four (4) separate applications: Rezoning, Variance, Major Development Plan, and AEC. The Variance application in particular was submitted due to the project not meeting minimum landscaping or maximum site coverage requirements. This was due to the 2004 platting of the 50' Benchmark Court (aka "Lettuce Shed Lane") Right -of -Way (ROW) and 20' Transportation Easement. Staff subsequently met with the Applicant to discuss options moving forward, and it was determined that there was value in seeking policy direction from the Town Council with respect to these previous exactions. October 3, 2012 The Application was found to be incomplete as submitted, and a letter was provided to the applicant highlighting some minor discrepancies and additional items required for processing. October 10, 2012 Ted Hunter, Senior Vice President for the Development Planning Division of Wyndam Worldwide, submitted a letter to staff outlining a formal request to consider eliminating the variance requests (landscaping and site coverage). The Application involves funding capital improvements to Lettuce Shed Lane and incorporating the area of Lettuce Shed Lane and the Transportation Easement for purposes of calculating coverage requirements in the Application. October 12, 2012 Staff provided the applicant with initial review comments. November 14, 2012 PZC Meeting — Lot 61 Initial Review Page 1 of 4 October 23, 2012 The Town Council authorized the applicant to incorporate the area of the Town owned 50' Lettuce Shed Lane, and the platted 20' Transportation Easement, in zoning calculations for the purposes of finding the application complete and starting the formal review process. It must be noted that the Council's consent to use these areas in site calculations is in no way to be construed as an "approval" and will not obstruct the PZC, Council, or general public the full opportunity to review the collective Application against the applicable review criteria in the Avon Municipal Code. October 29, 2012 Staff determined that the Application was complete for the purpose of referring to other outside review agencies, including the following entities : Eagle County Planning, Eagle County School District, Eagle River Water & Sanitation District, Eagle River Water & Sanitation District, Eagle River Fire Protection District, Eagle County Health Service District, ECO Transit, Xcel, Holy Cross Electric, Comcast, Beaver Creek Resort Company, Union Pacific Railroad, and the Public Utilities Commission November 5, 2012 A revised Application was submitted to Staff incorporating Council's direction and responding to some of the Staff's initial comments. November 9, 2012 The Application was found complete by Staff for the purposes of scheduling a Public Hearing before PZC. Process The review process includes a public hearing with the PZC and recommendation to Town Council. Another public hearing is required with the Town Council before approval or denial. Pursuant to §7.16.020(b)(4), Concurrent Review Permitted, AMC, where multiple development applications cover the same property, the Director may permit concurrent review of the development applications for efficiency and practicality. The Director has determined that concurrent review of the Rezoning, Major Development Plan, and AEC applications is practical in this instance and that is how the Application will proceed through the review process On the next page is a flow chart showing a conceptual review scenario for the Application. Please recognize that this scenario demonstrates the fastest review process possible (i.e. without PZC or Council utilizing full 35 day review periods) and is only intended to demonstrate the steps required for this Application process. November 14, 2012 PZC Meeting — Lot 61 Initial Review Page 2 of 4 LOT 61 POTENTIAL REVIEW SCENARIO PZC Introductory Meetin November 14, 2012 Agency Referral Comments due November 19, 2012 4. Applicant responds to comments and resubmits plans (if necessary). Public Notice Staff mails, publishes and posts notice 11 day prior to public hearing. I PZC Public Hearing December 4, 2012 Recommendation within 35 days. December 18, 2012 (if required) Public Notice Staff mails, publishes and posts notice 11 day prior to hearing. Council Meeting Denied 35 days after initiae January 8, 2013 lit hearinLy. Reading of ordinance Council Public Hearing January 22, 2013 2nd Reading !vpp oue i within,35 days after initial hearing. I r I I November 14, 2012 PZC Meeting — Lot 61 Initial Review Page 3 of 4 Staff Recommendation PZC should listen carefully to the presentation, and ask questions to better understand all aspects of the proposal. Staff asks that the PZC not get into deliberations or provide any feedback on the Application until considering a full Staff report, agency comments, and public input at the December 4, 2012 tentative Public Hearing. Staff recommends that the PZC direct Staff to set the initial Public Hearing for December 4, 2012. Attachments 8-'/2"x11" Application Binder 11 "x17" Major Development Plan November 14, 2012 PZC Meeting — Lot 61 Initial Review Page 4 of 4 VON Staff Report — Code Text Amendment uE ka o November 14, 2012 Planning & Zoning Commission Meeting Report date Project type Legal description Zoning Address Prepared By Summary of Requests November 9, 2012 Code Text Amendment N/A N/A N/A Jared Barnes, Planner I Town Council directed Town Staff at the urging of the Historic Preservation Committee to re -adopt the Historic Landmark Designation code. Please find the draft Resolution 12-04 (Attachment A) attached to this report for your review and consideration. The Ordinance would amend Title 7, Development Code, by adding two (2) new subsections: §7.12.070, Historic Preservation Committee; and, §7.16.170, Historic Landmark Designation, and modify Table 7.16-1, Development Review Procedures and Review Authority. The Ordinance outlines the procedures in which sites or structures in the Town could be eligible for "Historic Landmark" designation, which is based upon the review of historic and architectural significance. In the event the Historic Advisory Committee and Town Council were to designate a site/structure as a Historic Landmark, the Ordinance continues to outline criteria to be used when evaluating the alteration of Landmarks; criteria for relocation of structures; and the criteria for removal of Landmarks. Historic Preservation Committee Background The Town Council expressed a value in historic preservation and stewardship of historic sites when the Historic Preservation Advisory Committee was established in 2005. The Historic Preservation Committee was formed by Resolution No. 05-13 on May 10, 2005, and serves as an advisory Committee for the purpose of promoting historical preservation in the Town. The Committee meets quarterly and is charged with recognizing and recommending historic landmark structures and properties to the Town Council. When the Committee was formed, a "Heritage Fund" was created to fund their operation. In 2008, the Town Council adopted Ordinance 08-04 (Attachment B), which modified Title 17 to set forth procedures for Historic Landmark designation as well as established defined terms for "Historic Preservation Committee" and " Historic and/or Cultural Landmark". In 2010, the Town Council repealed Title 17 in its entirety and adopted Title 7, Development Code. During the adoption of this code amendment the Historic Landmark Designation was removed. At their At the urging of the Historic Preservation Committee, the Town Council has initiated a Code Text Amendment to re -codify the Historic Landmark Designation regulations. Planning Analysis The proposed language in Exhibit A to Resolution 12-04 (Attachment A) is nearly identical to the previously adopted language in Ordinance 08-04 (Attachment B). Although located in different areas due to the format of the Development Code (Title 7), the proposed language include all of the same intent and purpose, designation criteria, procedures for landmark designation, incentives, procedures for alterations of designated objects, and removal of a designation. November 14, 2012 PZC Meeting — Historic Preservation CTA Furthermore, this proposed language will further the following Goals and Policies of the Town of Avon Comprehensive Plan: Goal D.3: "Develop new and continue to enhance existing cultural and heritage facilities, events, and programs that strengthen Avon's community character and image." Policy D.3.6: "Maintain existing elements that contribute or reflect the heritage of the community and include forms and materials that reflect this heritage in new designs." Policy E.3.2: "Strengthen the tourism potential within Avon by working collaboratively with organizations through the community to capitalize upon Avon's unique recreational and cultural assets and heritage (i.e. coordinated marketing efforts). Policy E.3.9: "Identify and honor cultural and heritage sites with elements such as museums, interpretive parks, markers, memorials, fountains, sculptures, statures...." The Resolution will also promote the health, safety and welfare of the residents and visitors of the Town of Avon through the regulation of historic and/or cultural sites and structures. Review Criteria §7.16.040(c), Code Text Amendment Review Criteria. The PZC and Town Council shall use the following review criteria as the basis for recommendations and decisions on applications to amend the text of the Development Code: (1) The text amendment promotes the health, safety, and general welfare of the Avon Community; (2) The text amendment promotes or implements the goals and policies of the Avon Comprehensive Plan; (3) The text amendment promotes or implements the purposes stated in this Development Code; or (4) The text amendment is necessary or desirable to respond to changed conditions, new planning concepts, or other social or economic conditions. Staff Recommendation Staff recommends that the Planning and Zoning Commission approve Resolution No. 12-04, recommending approval of the Historic Preservation Committee Ordinance. Attachments A: Draft Resolution 12-04 B: Ordinance 08-04 November 14, 2012 PZC Meeting — Historic Preservation CTA TOWN OF AVON, COLORADO PLANNING COMMISSION RESOLUTION 12-04 SERIES OF 2012 A RESOLUTION RECOMMENDING APPROVAL OF AMENDMENTS TO TITLE 7 OF THE AVON DEVELOPMENT CODE CREATING THE HISTORIC PRESERVATION COMMITTEE WHEREAS, the Town of Avon ("Town") is a home rule authority municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority and privileges to which it is entitled under Colorado law; and WHEREAS, the Town Council finds that preservation the cultural, historic, and architectural heritage of the Town is of vital importance to the community and a source of civic pride; and, WHEREAS, the designation and preservation of Avon's cultural, historic, and architectural heritage must be balanced with the rights of private property owners; and WHEREAS, the Town Council initiated an amendment to the text of the Town of Avon zoning code in accordance with Section 7.16.040 of the Avon Municipal Code; and WHEREAS, the Planning and Zoning Commission of the Town of Avon held a public hearing on November 14, 2012, after posting notice of such hearing in accordance with the requirements of the Avon Municipal Code, and considered all comments provided before taking action to make a recommendation to the Town Council; and WHEREAS, it is the Planning and Zoning Commission's opinion that the health, safety and welfare of the citizens of the Town of Avon would be enhanced and promoted by the adoption of the amendments to Section 7.12, Development Application Review Authority, Table 7.16-1, General Procedures and Requirements, and Section 7.16, Development Review Procedures, of the Avon Municipal Code. NOW THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission hereby recommends that the Town Council of the Town of Avon approve the attached amendments ("Exhibit A to Resolution 12-04") with the following findings: (1) The changes to Section 7.12, Development Application Review Authority, Table 7.16-1, General Procedures and Requirements, and Section 7.16, Development Review Procedures of the Avon Municipal Code comply with the criteria set forth in Section 7.16.040(c) of the Avon Municipal Code. ACCEPTED, APPROVED AND ADOPTED THIS 14th OF NOVEMBER, 2012 AVON PLANNING AND ZONING COMMISSION Signed: Chris Green, Chair Attest: Scott Prince, Secretary Resolution 12-04, Code Text Amendment for Historic Landmark Designation "Exhibit A to PZC Resolution 12-04" Section 1. Amendment to Chapter 7.12 Development Application Review Authority. Chapter 7.12 Development Application Review Authority is hereby amended as follows: "7.12.070 Historic Preservation Committee. (a) Establishment and Purpose. There is hereby established a Historic Preservation Committee (HPC) of the Town. The purposes of the Historic Preservation Committee are as follows: (1) Foster civic pride in the beauty and accomplishments of the past; (2) Protect and enhance the Town's attraction to tourists and visitors and increase the quality of life for its residents; (3) Promote the use of cultural, historical or architectural sites, structures, and objects for the education and welfare of the residents and visitors of the Town; (4) Promote and encourage private ownership, stewardship and utilization of such sites, structures and objects; (5) Integrate historic preservation with the Town of Avon Comprehensive Plan; (6) Maintain the Town's unique character by recognizing the important of preservation and renewing the Town's legacy for present and future generations; (7) Discourage the unnecessary demolition of cultural or historic resources; (8) Provide incentives for the continued use of historic and/or cultural resources and facilitate their appropriate stewardship and reuse; (9) Encourage the conservation of historic settings and landscapes; and, (10) Promote retention of cultural and historical integrity in the context of proposed land use. (b) Membership. The HPC shall be a five (5) person advisory committee appointed by the Town Council to make recommendations and findings regarding cultural or historic sites, structures or features in the Town of Avon. (c) Duties. The HPC shall have the following functions and duties: (1) The HPC shall recommend historic and/or cultural landmarks to the Planning and Zoning Commission. A public hearing is required with the Planning and Resolution 12-04, Code Text Amendment for Historic Landmark Designation 3 Zoning Commission, who will then recommend to Town Council sites or structures for historic and/or cultural landmark designation. The recommendation shall identify the criteria forming the basis of the recommendation, and shall include all pertinent information related to the site or building supporting the designation. (2) The HPC may review development applications and provide written recommendations to minimize impacts to historical and/or cultural resources." Section 2. Amendment to Table 7.16:1 General Procedures and Requirements. Section 7.16-1 Development Review Procedures and Review Authority is hereby amended by adding the following language, which added language is depicted with double underlining, so that the table shall read in its entirety, and is hereby adopted in its entirety, as follows: Procedure Director PZC TC Comprehensive Plan Amendment (§7.16.030) R H -R H -D Code Text Amendment (§7.16.040) R H -R H -D Rezoning (§7.16.050) R H -R H -D Planned Unit Development (§7.16.060) Administrative PUD D A Preliminary PUD R H -R H -D Final PUD R H -R H -D Administrative Subdivision (§7.16.070) D A Minor Subdivision (§7.16.070) R H -D Major Subdivision (§7.16.070) Preliminary Plan R H -R H -D Final Plan R H -D Annexation §7.36) R H -R H -D Minor Development Plan (§7.16.080) D A Major Development Plan (§7.16.080) R H -D A Major Development Plan in Town Core (§7.16.080) R H -R H -D Design Review (§7.16.090) R H -D A Special Review Use (§7.16.100) R H -D A Variance (§7.16.110) R H -D A Alternative Equivalent Compliance (§7.16.120) R H -D or H -R A or H -D Right-of-way Vacation (§7.16.130 R H -D Vested Property Right (§7.16.040) R H -R H -D Location, Character and Extent (§7.16.150) R H -D A Appeal (§7.16.160) H -D Historic Landmark Designation (&7.16.170) HSI H -D R = Review/ Recommendations; H = Public Hearing; D = Decision; A = Appeal Section 3. Amendment to Chapter 7.16 Development Review Procedures. Chapter 7.16 Development Review Procedures is hereby amended as follows: "7.16.170 Historic Landmark Designation. Resolution 12-04, Code Text Amendment for Historic Landmark Designation 4 (a) Review Procedures. The Historic Preservation Committee shall recommend historic and/or cultural landmarks to the Planning and Zoning Commission. A public hearing is required with the Planning and Zoning Commission, who will then recommend to Town Council sites or structures for historic and/or cultural landmark designation. The recommendation shall identify the criteria forming the basis of the recommendation, and shall include all pertinent information related to the site or building supporting the designation. The Town Council will approve or disapprove historic and/or cultural landmark designation after public hearing, at which the owner of the site or structure and interested persons shall have an opportunity to be heard. A majority decision of the Town Council is required for nomination. (b) A site or structure may be eligible for historic and/or cultural landmark designation if it has been in existence for at least fifty (50) years or meets any of the following criteria: (1) Historic significance: (i) Has character or is a point of interest that reflects the heritage and political, economic and/or social history or cultural development of the Town, the state or the nation; (ii) Is associated with historical persons or groups or represents important events in national, state or local history; (iii) Is associated with an important individual or group who contributed in significant ways to the political, social and/or cultural life of the community; and, (iv) Has prehistoric interest or information. (2) Architectural significance: (i) Characterizes a style associated with a particular era; (ii) Has a strong or unique relationship to other areas potentially eligible for preservation; (iii) Is architecturally unique or innovative; and, (iv) Has visual symbolic meaning or appeal for the community or, due to its unique location or singular characteristics, represents established and familiar visual features of the neighborhood or community. (c) Incentives. The benefits of Historic Landmark designation may include the following: Resolution 12-04, Code Text Amendment for Historic Landmark Designation 5 (1) Waiver of building permit fees; (2) Local property tax credits; (3) Preservation, maintenance or relocation assistance, and other incentives as deemed necessary by the Town Council; and, (4) Other appropriate incentives, also as determined by the Town Council. (d) Review of plans for sites and structures having designation. (1) Any application for any permit which includes the exterior alteration, relocation or removal of a site or structure designated as a Historic and/or Cultural Landmark must be reviewed by the Planning and Zoning Commission for recommendation of approval or disapproval to the Town Council on the basis of the following criteria. The Town Council shall approve or disapprove the application after public hearing at which the landowner and interested persons have an opportunity to be heard (2) Criteria for alteration of a site or structure: (i) Whether the architectural or historical character will itself be materially altered so as to negatively impact the Historical Landmark; (ii) Whether the architectural style and arrangement and the texture of the exterior surface materials of the existing structure and the proposed alteration appropriately relate to each other and to other structures in the vicinity; (iii) Whether the alteration will negatively change or destroy the exterior architectural features and details of the structure; (iv) The effect of the proposed alteration on the protection, enhancement, perpetuation and use of the Historic Landmark. (3) Criteria for relocation of a structure: (i) Significance of the original site; (ii) Whether the structure can be rehabilitated or used on its original site consistent with the reasonable and beneficial use of the property; (iii) Whether the proposed site is compatible with or detracts from the importance of the Historic Landmark; Resolution 12-04, Code Text Amendment for Historic Landmark Designation 6 (iv) Whether the structure can be moved without causing significant damage to its physical integrity; and, (v) Whether the relocation of the structure is necessary to prevent undue hardship on the property owner. (4) Criteria for removal of a structure: (i) Whether the structure presents an imminent hazard that cannot otherwise be properly mitigated; (ii) Whether the structure can reasonably be rehabilitated and maintained in its present location and the significance of the original site; (iii) Whether relocation of the structure is reasonably possible or practical; (iv) Whether the structure can be rehabilitated or used on its original site consistent with the reasonable and beneficial use of the property; and, (v) Whether the removal of the structure is necessary to prevent undue hardship on the property owner. (5) Standards governing approval of development plans for sites and structures having designation. (e) Standards governing approval of development plans for sites and structures having designation. Any approved development plan including the alteration, relocation or removal of a Historic and/or Cultural Landmark shall be deemed to incorporate the following standards except to the extent they are determined not to be applicable by the Town Council: (1) The most current version of the Secretary of the Interior's Standards for rehabilitation of Historic Structures, as amended, shall be used as a guideline in carrying out any plans involving the alteration of Historic Landmarks; (2) The Historic and/or Cultural Landmark shall be continue to be used in a manner consistent with its original purpose or a compatible purpose, so long as such use does not violate any of the provisions of this Code; (3) The historic character of the Historic and/or Cultural Landmark shall be maintained by avoiding the removal or alteration of features important to such character; Resolution 12-04, Code Text Amendment for Historic Landmark Designation 7 (4) The use of original materials is encouraged. Distinctive and unique features, finishes, materials and examples of craftsmanship should be retained and preserved. Repairs and replacement of such features should match the original in color, shape, texture and design. Replacements should be fully documented with pictorial or physical evidence and a copy of such evidence filed with the Town; and, (5) Where possible, additions and expansions shall be differentiated from the existing structure so as to protect the Historic Landmark's historic integrity. Additions and expansions shall also be undertaken in such a manner that their removal in the future would not destroy the form or integrity of the original structure. (f) Removal of Historic Landmark designation. The Town Council, after public hearing at which the owner of the Historic and/or Cultural Landmark and interested persons shall have an opportunity to be heard, may remove Historic and/or Cultural Landmark designation from a site or structure, based upon one or more of the following findings: (1) The Historic and/or Cultural Landmark designation creates undue hardship for the owner; (2) The structure is an imminent hazard to the health and safety of the public despite the owner's efforts to properly maintain it; and, (3) The structure is structurally unsound despite the owner's efforts to properly maintain it. Resolution 12-04, Code Text Amendment for Historic Landmark Designation 8 TOWN OF AVON ORDINANCE NO. 08-04 Series of 2008 AN ORDINANCE AMENDING TITLE 17, MUNICIPAL CODE OF THE TOWN OF AVON, ADDING A NEW CHAPTER, 17.50, AND ADDING DEFINITIONS TO CHAPTER 17.08, AND SETTING FORTH DETAILS IN REGARD THERETO NOW THEREFOR, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, EAGLE COUNTY, COLORADO: Section 1. Amendment. Section 17.08, "Definitions" of Title 17, Avon Municipal Code, is amended by the addition of the following definitions: Historic Preservation Committee means a five -person advisory committee appointed by the Town Council to make recommendations and findings regarding historic sites, structures or features in the Town of Avon. Historic and/or Cultural Landmark means a site and/or structure designated as an historic landmark by the Historic Preservation Committee within the Town of Avon. Section 2. Amendment. Title 17, Avon Municipal Code, is amended by the addition of a Chapter 17.50 as follows: CHAPTER 17.50 Historic and/or Cultural Preservation Designated 17.50.010. Intent and Purpose. The purpose and intent of this Chapter is the promotion of the health, safety and welfare of the residents of the Town of Avon through the regulation of historic and/or cultural sites and structures in order to: (a) Foster civic pride in the beauty and accomplishments of the past; and, (b) Protect and enhance the Town's attraction to tourists and visitors and increase the quality of life of the residents; and, (c) Promote the use of historical or architectural sites, structures and objects for the education and welfare of the residents of the town; and, (d) Promote and encourage private ownership, stewardship and utilization of such sites, structures and objects; and, (e) Integrate historic preservation with the Town of Avon Comprehensive Plan; and, (f) Maintain the Town's unique character by recognizing the importance of preservation and renewing the Town's legacy for present and future generations; and, (g) Discourage the unnecessary demolition of historic and/or cultural resources; and, (h) Provide incentives for the continued use of historic and/or cultural resources and facilitate their appropriate stewardship and reuse; and, (i) Encourage the conservation of historic settings and landscapes; and 0) Promote retention of historical integrity in the context of proposed land use. 17.50.020. Landmark Designation. A site or structure may be eligible for Historic and/or Cultural Landmark designation if it has been in existence for at least 50 years or meets any of the following criteria: (a) Historic significance: (i) Has character or is a point of interest that reflects the heritage and political, economic and/or social history or cultural development of the Town, the state or the nation; and, (ii) Is associated with historical persons or groups or represents important events in national, state or local history; and, (iii) Is associated with an important individual or group who contributed in significant ways to the political, social and/or cultural life of the community; and, (iv) Has prehistoric interest or information. (b) Architectural significance: (i) Characterizes a style associated with a particular era; and, (ii) Has a strong or unique relationship to other areas potentially eligible for preservation; and, (iii) Is architecturally unique or innovative; and, (iv) Has visual symbolic meaning or appeal for the community or, due to its unique location or singular characteristics, represents established and familiar visual features of the neighborhood or community. 2 17.50.030. Procedure for Landmark Designation. The Historic Preservation Committee shall recommend Historic and/or Cultural Landmarks to the Planning and Zoning Commission. A public hearing is required with the Planning and Zoning Commission, who will then recommend to Town Council sites or structures for Historic and/or Cultural Landmark designation. The recommendation shall identify the criteria forming the basis of the recommendation, and shall include all pertinent information related to the site or building supporting the designation. The Town Council will approve or disapprove Historic and/or Cultural Landmark designation after public hearing, at which the owner of the. site or structure and interested persons shall have an opportunity to be heard. A majority decision of the Town Council is required for nomination. 17.50.040. Incentives. The benefits of Historic Landmark designation may include the following: (a) Waiver of building permit fees; and, (b) Local property tax credits; and, (c) Preservation, maintenance or relocation assistance, and other incentives as deemed necessary by the Town Council; and, (d) Other appropriate incentives, also as determined by the Town Council. 17.50.050. Review of plans for sites and structures having designation. Any application for any permit which includes the exterior alteration, relocation or removal of a site or structure designated as a Historic and/or Cultural Landmark must be reviewed by the Planning and Zoning Commission for recommendation of approval or disapproval to the Town Council on the basis of the following criteria. The Town Council shall approve or disapprove the application after public hearing at which the landowner and interested persons have an opportunity to be heard. (a) Criteria for alteration of a site or structure: (i) Whether the architectural or historical character will itself be materially altered so as to negatively impact the Historical Landmark; and, (ii) Whether the architectural style and arrangement and the texture of the exterior surface materials of the existing structure and the 3 proposed alteration appropriately relate to each other and to other structures in the vicinity; and, (iii) Whether the alteration will negatively change or destroy the exterior architectural features and details of the structure; and, (iv) The effect of the proposed alteration on the protection, enhancement, perpetuation and use of the Historic Landmark. (b) Criteria for relocation of a structure: (i) Significance of the original site; and, (ii) Whether the structure can be rehabilitated or used on its original site consistent with the reasonable and beneficial use of the property; and, (iii) Whether the proposed site is compatible with or detracts from the importance of the Historic Landmark; and, (iv) Whether the structure can be moved without causing significant damage to its physical integrity; and, (v) Whether the relocation of the structure is necessary to prevent undue hardship on the property owner. (c) Criteria for removal of a structure: (i) Whether the structure presents an imminent hazard that cannot otherwise be properly mitigated; and, (ii) Whether the structure can reasonably be rehabilitated and maintained in its present location and the significance of the original site; and, (iii) Whether relocation of the structure is reasonably possible or practical; and, (iv) Whether the structure can be rehabilitated or used on its original site consistent with the reasonable and beneficial use of the property; and, (v) Whether the removal of the structure is necessary to prevent undue hardship on the property owner. 17.50.060. Standards governing approval of development plans for sites and structures having designation. 0 Any approved development plan including the alteration, relocation or removal of a Historic and/or Cultural Landmark shall be deemed to incorporate the following standards except to the extent they are determined not to be applicable by the Town Council: (a) The most current version of the Secretary of the Interior's Standards for rehabilitation of Historic Structures, as amended, shall be used as a guideline in carrying out any plans involving the alteration of Historic Landmarks; and, (b) The Historic and/or Cultural Landmark shall be continue to be used in a manner consistent with its original purpose or a compatible purpose, so long as such use does not violate any of the provisions of this Code; and, (c) The historic character of the Historic acid/or Cultural Landmark shall be maintained by avoiding the removal or alteration of features important to such character; and, (d) The use of original materials is encouraged. Distinctive and unique features, finishes, materials and examples of craftsmanship should be retained and preserved. Repairs and replacement of such features should match the original in color, shape, texture and design. Replacements should be fully documented with pictorial or physical evidence and a copy of such evidence filed with the Town; and, (e) Where possible, additions and expansions shall be differentiated from the existing structure so as to protect the Historic Landmark's historic integrity. Additions and expansions shall also be undertaken in such a manner that their removal in the future would not destroy the form or integrity of the original structure. 17.50.070. Removal of Historic Landmark designation. The Town Council, after public hearing at which the owner of the Historic and/or Cultural Landmark and interested persons shall have an opportunity to be heard, may remove Historic and/or Cultural Landmark designation from a site or structure, based upon one or more of the following findings: (a) The Historic and/or Cultural Landmark designation creates undue hardship for the owner; and, (b) The structure is an imminent hazard to the health and safety of the public despite the owner's efforts to properly maintain it; and, (c) The structure is structurally unsound despite the owner's efforts to properly maintain it. 5 INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 11th day of March, 2008, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 25th day of March, 2008, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. N of A� (:SEAL : ATTEST: P4'� atty l IcKenlay—,Town Clerk Ronald C. Wolfe, Mayor INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING,. AND ORDERED POSTED the day of 1' oAC�,, , 2008. ^ a ATTEST: 2--� Patty `p NOFA�041 A L: c Cpnny, TowA Clerk APPROVED AS TO FORM: a Jo W. Dunn, Town Attorney 2 C. Wolfe, Mayor • Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Matt Pielsticker, Planner II� Date: March 11, 2008 Meeting HEART ftheLLEY C O L O R A D O Re: First Reading of Ordinance No. 08-04, Historic Preservation (PUBLIC HEARING) Summary: Attached to this Memorandum is Ordinance 08-04, an Ordinance with additions to Title 17 of the Avon Municipal Code, Zoning. This Ordinance would add a new Chapter (17.50) to the Zoning Code for the promotion of historic sites and structures in Avon. The Ordinance also proposes new definitions to the Zoning Code. This Ordinance originated from the Historic Preservation Advisory Committee, and has • been reviewed by the Town's legal subcommittee. Planning and Zoning Commission Review: The Planning and Zoning Commission reviewed this Ordinance over the course of three separate hearings: February 5th, February 19th, and March 3rd. The attached strike#/bold version of the Ordinance is a reflection of the Planning and Zoning Commission's recommended changes to the Ordinance. • At the first hearing with the Planning and Zoning Commission, a broad discussion took place concerning the intent of the Ordinance. The Commission felt that the purpose of the Ordinance was well -intended; however, the execution and procedures for designation seemed flawed. Due to the current lack of historic structures in Town, and the fact that the Ordinance puts equal emphasis on cultural preservation, a global revision to the Ordinance was suggested, and the words "and/or cultural" were later added to every reference to Historic Preservation. The Commission had strong concerns with the possible unintended consequences of the Ordinance, and the appearance of a "taking." If the Historic Preservation Advisory Committee were to recommend a site or structure for designation, and the property owner was not in agreement with said designation, the Planning and Zoning Commission felt that the procedures outlined in section 17.50.30 did not allow for adequate public commenting or input from the owner. Ordinance No. 08-04, Historic Preservation Town Council March 11, 2008 Regular Meeting (PUBLIC HEARING) As originally drafted, the recommendation from the Historic Preservation Advisory Committee would go straight to the Town Council. The Planning and Zoning 40 Commission added language to the procedure section (17.50.030) of the Ordinance, in order for an additional public hearing before the Planning and Zoning Commission, prior to moving to the Town Council with a recommendation. The Planning and Zoning Commission struck section 17.50.070, titled "Protection of historic sites and structures." This section would have required sites or structures under consideration for nomination (i.e. currently under review by the historic site survey project), which are not subject to any current permit application, to remain undisturbed. The Planning and Zoning Commission was apprehensive to keep this section, since it had the ability to "block" construction. The Red House was cited as an example. Background: The Historic Preservation Committee was formed by Resolution 05-13 (see attached) on May 10, 2005, and serves as an advisory Committee for the purpose of promoting historical preservation for the Town. The Committee has been studying other ordinances and drafting this Historic Preservation Ordinance for the past year, with the hopes of formalizing a nomination and review process for historic properties and structures within Avon. The Committee is comfortable with the current form of the Ordinance. Staff Recommendation: • Staff recommends the Council APPROVE Ordinance No. 08-04 on First Reading, as drafted and revised by the Planning and Zoning Commission. Available Actions: 1) Approve on First Reading Ordinance No. 08-04; 2) Table on First Reading Ordinance No. 08-04; or 3) Deny on First Reading Ordinance No. 08-04. Town Manager Comments: e000��, Attachments: - Ordinance No. 08-04 (DRAFT) - P&Z Resolution 08-02, Recommending Approval of Ordinance 08-04 - Memo to the Planning Commission from John Dunn, Dated February 19t", 2008 - Council Resolution 05-14 • Ordinance No. 08-04, Historic Preservation Town Council March 11, 2008 Regular Meeting (PUBLIC HEARING) • • 0 TOWN OF AVON ORDINANCE NO. 08-04 Series of 2008 AN ORDINANCE AMENDING TITLE 17, MUNICIPAL CODE. OF THE TOWN OF AVON, ADDING A NEW CHAPTER, 17.50, AND ADDING DEFINITIONS TO CHAPTER 17.08, AND SETTING FORTH DETAILS IN REGARD THERETO NOW THEREFOR, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, EAGLE COUNTY, COLORADO: Section 1. Amendment. Section 17.08, Chapter 08 "Definitions" of Title 17, Avon Municipal Code, is amended by the addition of the following definitions: Historic Preservation Committee means a five -person advisory committee appointed by the Town Council to make recommendations and findings regarding historic sites, structures or features in the Town of Avon. Historic and/or Cultural Landmark means a site and/or structure designated as an historic landmark by the Historic Preservation Committee within the Town of Avon. Section 2. Amendment. Title 17, Avon Municipal Code, is amended by the addition of a Chapter 17.50 as follows: CHAPTER 17.50 Historic and/or Cultural Preservation Designated 17.50.010. Intent and Purpose. The purpose and intent of this Chapter is the promotion of the health, safety and welfare of the residents of the Town of Avon through the regulation of historic and/or cultural sites and structures in order to: (a) Foster civic pride in the beauty and accomplishments of the past; and, (b) Protect and enhance the Town's attraction to tourists and visitors and increase the quality of life of the residents; and, (c) Promote the use of historical or architectural sites, structures and objects for the education and welfare of the residents of the town; and, (d) Promote and encourage private ownership, stewardship and utilization of such sites, structures and objects; and, (e) Integrate historic preservation with the Town of Avon Comprehensive Plan; and, (f) Maintain the Town's unique character by recognizing the importance of preservation and renewing the Town's legacy for present and future • generations; and, (h) Discourage the unnecessary demolition of historic and/or cultural resources; and, (i) Provide incentives for the continued use of historic and/or cultural resources and facilitate their appropriate stewardship and reuse; and, (k) Encourage the conservation of historic settings and landscapes; and (1) Promote retention of historical integrity in the context of proposed land use. 17.50.020. Landmark Designation. A site or structure may be eligible for Historic and/or Cultural Landmark designation if it has been in existence for at least 50 years and or meets any of the following criteria: (a) Historic significance: (i) Has character or is a point of interest that reflects the heritage and political, economic and/or social history or cultural development of the Town, the state or the nation; and, • (ii) Is associated with historical persons or groups or represents important events in national, state or local history; and, (iii) Is associated with an important individual or group who contributed in significant ways to the political, social and/or cultural life of the community; and, (iv) Has prehistoric interest or information. (b) Architectural significance: (i) Characterizes a style associated with a particular era; and, (ii) Has a strong or unique relationship to other areas potentially eligible for preservation; and, (iii) Is architecturally unique or innovative; and, (iv) Has visual symbolic meaning or appeal for the community or, due to its unique location or singular characteristics, represents established and familiar visual features of the neighborhood or • community. 2 • 17.50.030. Procedure for Landmark Designation. The Historic Preservation Committee shall recommend to the Planning and Zoning Commission. A public hearing is required with the Planning and Zoning Commission, who will then recommend to Town Council sites or structures for Historic and/or Cultural Landmark designation. The recommendation shall identify the criteria forming the basis of the recommendation and shall include all pertinent information related to the site or building supporting the designation. The Town Council will approve or disapprove Historic and/or Cultural Landmark designation after public hearing, at which the owner of the site or structure and interested persons shall have an opportunity to be heard. A majority decision of the Town Council is required for nomination. 17.5 0.040. Incentives. The benefits of Historic Landmark designation may include the following: (a) Waiver of building permit fees; and, is (b) ^ppheable state and federal ineeme Local property tax credits; and, (c) Preservation, maintenance or relocation assistance, if and other incentives as deemed necessary by the Town Council; and, (d) Other appropriate incentives, also as determined by the Town Council. 17.50.050. Review of plans for sites and structures having designation. Any application for any permit which includes the exterior alteration, relocation or removal of a site or structure designated as a Historic and/or Cultural Landmark must be reviewed by the Planning and Zoning Commission for recommendation of approval or disapproval to the Town Council on the basis of the following criteria. The Town Council shall approve or disapprove the application after public hearing at which the landowner and interested persons have an opportunity to be heard. (a) Criteria for alteration of a site or structure: (i) Whether the architectural or historical character will itself be materially altered so as to negatively impact the Historical Landmark; and, (ii) Whether the architectural style and arrangement and the texture • of the exterior surface materials of the existing structure and the 3 proposed alteration appropriately relate to each other and to other structures in the vicinity; and,, • (iii) Whether the alteration will negatively change or destroy the exterior architectural features and details of the structure; and, (iv) The effect of the proposed alteration on the protection, enhancement, perpetuation and use of the Historic Landmark. (b) Criteria for relocation of a structure: (i) Significance of the original site; and, (ii) Whether the structure can be rehabilitated or used on its original site consistent with the reasonable and beneficial use of the property; and, (iii) Whether the proposed site is compatible with or detracts from the importance of the Historic Landmark; and, (iv) Whether the structure can be moved without causing significant damage to its physical integrity; and, (v) Whether the relocation of the structure is necessary to prevent undue hardship on the property owner. Is (c) Criteria for removal of a structure: (i) Whether the structure presents an imminent hazard that cannot otherwise be properly mitigated; and, (ii) Whether the structure can reasonably be rehabilitated and maintained in its present location and the significance of the original site; and, (iii) Whether relocation of the structure is reasonably possible or practical; and, (iv) Whether the structure can be rehabilitated or used on its original site consistent with the reasonable and beneficial use of the property; and, (v) Whether the removal of the structure is necessary to prevent undue hardship on the property owner. 17.50.060. Standards governing approval of development plans for sites- and structures having designation. M rt Any approved development plan including the alteration, relocation or removal of a • Historic and/or Cultural Landmark shall be deemed to incorporate the following standards except to the extent they are determined not to be applicable by the Town Council: (a) The most current version of the Secretary of the Interior's Standards for rehabilitation of Historic Structures, as amended, shall be used as a guideline in carrying out any plans involving the alteration of Historic Landmarks; and, (b) The Historic and/or Cultural Landmark shall be continue to be used in a manner consistent with its original purpose or a compatible purpose, so long as such use does not violate any of the provisions of this Code; and, (c) The historic character of the Historic and/or Cultural Landmark shall be maintained by avoiding the removal or alteration of features important to such character; and, (d) The use of original materials is encouraged. Distinctive and unique features, finishes, materials and examples of craftsmanship should be retained and preserved. Repairs and replacement of such features should match the original in color, shape, texture and design. Replacements should be fully documented with pictorial or physical evidence and a copy of such evidence filed with the Town; and, • (e) Where possible, additions and expansions shall be differentiated from the existing structure so as to protect the Historic Landmark's historic integrity. Additions and expansions shall also be undertaken in such a manner that their removal in the future would not destroy the form or integrity of the original structure. 17.50.0970. Removal of Historic Landmark designation. The Town Council, after public hearing at which the owner of the Historic and/or Cultural Landmark and interested persons shall have an opportunity to be heard, may remove Historic and/or Cultural Landmark designation from a site or structure, based upon one or more of the following findings: (a) The Historic and/or Cultural Landmark designation creates undue hardship for the owner; and, • (b) The structure is an imminent hazard to the health and safety of the public despite the owner's efforts to properly maintain it; and, 5 (c) The structure is structurally unsound despite the owner's efforts to properly maintain it. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 11th day of March, 2008, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 25th day of March, 2008, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk • INTRODUCED, FINALLY APPROVED, AND PASSED ON • SECOND READING, AND ORDERED POSTED the day of 2008. Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk APPROVED AS TO FORM: John W. Dunn, Town Attorney no • • TOWN OF AVON PLANNING & ZONING COMMISSION AVO N C 0 L 0 R A D 0 RESOLUTION NO. 08-02 A RESOLUTION RECOMMENDING APPROVAL OF THE HISTORIC AND/OR CULTURAL PRESERVATION ORDINANCE (NO. 08-04), AMENDING TITLE 17 OF THE AVON MUNICIPAL CODE, TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO, AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Planning and Zoning Commission held public hearings concerning the Historic and/or Cultural Preservation Ordinance at the following regular meetings: February 5, 2008, February 19, 2008, and March 4, 2008; and, WHERAS, the 2006 Town of Avon Comprehensive Plan ("the Plan") contains the following goal with respect to recognition and the promotion of historic and • cultural resources: Goal D.3: "Develop new and continue to enhance existing cultural and heritage facilities; events, and programs that strengthen Avon's community character and image"; and, WHEREAS, the Plan contains the following policies related to the Historic and/or Cultural Preservation Ordinance: Policy D.3.6: "Maintain existing elements that contribute or reflect the heritage of the community and include forms and materials that reflect this heritage in new designs." Policy E.3.2: "Strengthen the tourism potential within Avon by working collaboratively with organizations through the community to capitalize upon Avon's unique recreational and cultural assets and heritage." Policy E.3.9: "Identify and honor cultural and heritage sites with elements such as museums, interpretive parks, markers, memorials, fountains, sculptures, statures...." and, 0 WHEREAS, the Planning and Zoning Commission finds that the Historic and/or Cultural Preservation Ordinance will further the Goals and Policies from the Plan, as outlined above, and will promote the health, safety and welfare of the residents and visitors of the Town of Avon; NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission of the Town of Avon recommends approval of the Historic and/or Cultural Preservation Ordinance via this Resolution, signed on March 4, 2008. ADOPTED THIS 4th DAY OF March, 2008 Signed.",,, / Date: Terry Smith, dhai Att t: j (J�� Date: Phil Struve, Secretary is • MEMORANDUM TO: PLANNING AND ZONING COMMISSION FROM: TOWN ATTORNEY RE: HISTORIC PRESERVATION ORDINANCE DATE: February 19, 2008 The purpose of this memorandum is to address concerns raised by members of the Commission regarding the proposed historic preservation ordinance. As a matter of background, the ordinance was submitted by the Town's Historic Preservation Committee after research of similar ordinances in other jurisdictions. The ordinance was reviewed and commented on by the Colorado Historical Society. In part on the basis of those comments, I drafted the present version of the ordinance with the assistance of the Legal Subcommittee. Concerns were expressed by members of the Commission that the ordinance in its present form is a "taking" in the constitutional sense. In my opinion it is not. The Colorado Supreme Court established the requirements for a valid historic preservation ordinance in South of Second Associates v. Georgetown, 580 P.2d 807 (Colo. 1978). In order for such an ordinance to pass constitutional muster, it must contain adequate criteria defining architectural and historical significance and it must contain sufficient criteria defining the area subject to the ordinance. In South of Second Associates, the court upheld the criteria defining architectural and historical significance but concluded that the ordinance did not sufficiently define the area subject to the ordinance. Because the ordinance applied to the entire town, it was held to be void. Courts in other jurisdictions, including the United States Supreme Court, have upheld historic preservation ordinances in the face of a takings challenge. 2 Anderson's Am. Law Zoning § 9.74. The ordinance submitted to the Commission satisfies the requirements of South of Second Associates. The criteria defining historic and architectural significance include the criteria in the Georgetown ordinance along with other, more extensive criteria. The ordinance is town - wide, but it contains criteria whereby only particular properties will be given landmark designation and thereby be subject to the ordinance. Those criteria are detailed and in my opinion pass constitutional muster. Concern was also expressed as to the purpose language of the ordinance being to promote the health, safety and welfare of the residents. That language is the "magic" language necessary to invoke the police power of the Town in order to adopt any zoning ordinance. In my . opinion that legislative finding would be upheld by any court. TOWN OF AVON, COLORADO RESOLUTION NO.05-13 Series of 2005 A RESOLUTION ESTABLISHING A HISTORIC PRESERVATION ADVISORY COMMITTEE FOR THE PURPOSE OF PROMOTING HISTORICAL PRESERVATION FOR THE TOWN OF AVON, EAGLE COUNTY COLORADO WHEREAS, the town of Avon would like to appoint a Historic Preservation Advisory Committee (the "Committee") to help promote public health, safety and welfare through the protection and preservation of the Town's historic and cultural heritage, as represented by designated landmarks WHEREAS, the mission of the Committee will be to protect and enhance the Town's welfare and economy through the preservation of historical attractions for local residents, tourists and visitors to the Town, expand public awareness, appreciation and knowledge of the Town's unique local history, and foster widespread appreciation of and respect for Avon's historic and cultural heritage WHEREAS, it is important for the Town to maintain its unique character by recognizing, preserving and renewing Avon's legacy for present and future generations • WHEREAS, a landmark is defined as a property or structure that is worthy of rehabilitation, restoration, or preservation because of its historic and architectural significance 0 WHEREAS, the Avon Town Council (the "Council") established a Heritage Fund in the Capital Improvement Projects Budget to appropriate funds used for matching grants from the private sector in order to preserve historic landmarks WHEREAS, the benefits of landmark designation include the waiver of building permit fees, relocation assistance if necessary through the grant program or any other benefits recommended by the committee and approved by the Council WHEREAS, the Avon Town Council will appoint a Historic Preservation Advisory Committee for the purpose of recommending landmarks to the Council for historic preservation and possible matching fund grants and such other purposes as the Council shall determine. WHEREAS, the Committee will consist of five (5) registered electors or property owners in Avon to serve in 2 -year terms WHEREAS, the Committee will create criteria for landmark designation based upon how old the property or structure is, a demonstration of strong public benefit and community support and other characteristics to be defined by the committee 0 M • WHEREAS, the Committee will recommend nominations for designation to the Council and make other such recommendations as requested by the Council. WHEREAS, the Avon Town Council may by resolution designate historical landmarks within the boundaries of the town of Avon or outside of Avon if Council deems it significantly important to Avon's history and a collaborative effort is established with the governing entity where the landmark is located WHEREAS, once a landmark designation is made, in order to retain the designation, it shall be maintained to receive reasonable care, maintenance and upkeep appropriate for the preservation, protection, enhancement, rehabilitation, reconstruction, perpetuation or use NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON COLORADO, that historic preservation is an important component of the overall vitality and enhancement of Avon as it moves into the future and we therefore establish the Avon Historic Preservation Advisory Committee. Avon is proud of its history and will preserve its heritage. Adopted this 10th day of May, 2005 • TOWN COUNCIL TO AVON C LORADO ca0 i e� p7;j Ronald C. Wolfe, Mayor Attest: �c P ty cKenny, Clerk • Resolution No. 05-13 Historic Preservation Final Page 2 of 2